Legal Opinion · Concurrence

Irving v. Britton

New York Court of Common Pleas

Decided May 15, 1894Published

Appeal from city court, general term. Action by Robert G. Irving against Joseph A. Britton on a note given for an interest in a pool, and for a bet with the bookmaker at a horse race. From a judgment of the city court affirming a judgment in favor of plaintiff, defendant appeals. Reversed.

1Concurrence

BISCHOFF, J. (concurring in result).

Were I agreed with my brethren that the so-called “Ives Pool Law” (chapter 479, Laws 1887) purports to legalize pool selling, I should unhesitatingly concur that the act contravenes the constitutional interdiction of the authorization of lotteries by the legislature of this state (Const. 1821, art. 7, § 11; Const. 1846, art. 1, § 10). That a pool upon the result of a horse race is a lottery is apparent from the fact that it is but one of many devices for the venturing or hazarding of a smaller sum for the chance of obtaining a greater; and that such a pool…

2Cases cited16 opinions

  1. People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
  2. Sweet v. . City of SyracuseNew York Court of Appeals · 1891
  3. People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
  4. Mark v. . the StateNew York Court of Appeals · 1885
  5. People Ex Rel. Kingsland v. . PalmerNew York Court of Appeals · 1873

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